Opinion FlashFebruary 14, 2002
Volume 8 Number 029
What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.
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Howard H. Vogel
JANET DIANA GOODART v. KAMALIN D. KAZMAR-GRICE Court:TCA Attorneys: Raymond F. Runyon, Clarksville, For Appellant, Janet Diana Goodart Mark A. Rassas, Julia P. North, Clarksville, For Appellee, Kamalin D. Kazmar-Grice Judge: CRAWFORD First Paragraph: Former wife and children of decedent sued in the chancery court to enroll a foreign decree of divorce and, inter alia, to impose a constructive trust on proceeds of a Servicemen's Group Life Insurance policy payable to the decedent widow after the decedent prior to his death changed the policy beneficiary contrary to a marital dissolution agreement and final decree of divorce. The trial court granted summary judgment in favor of decedent widow. Former wife appealed. We affirm. http://www.tba.org/tba_files/TCA/goodartjan.wpd
IN THE MATTER OF: D.D.V., A CHILD UNDER EIGHTEEN (18) YEARS OF AGE Court:TCA Attorneys: Debra L. Dishmon, Lebanon, Tennessee, for the appellant, M.M.V. Paul G. Summers, Attorney General and Reporter; Douglas Earl Dimond, Assistant Attorney General, for the appellee, State of Tennessee. Judge: CANTRELL First Paragraph: The State filed a petition to terminate parental rights to a four-year-old boy. Only the mother contested the action. The trial court granted the petition, terminating the mother's parental rights on multiple grounds, including abandonment and failure to comply with a plan of care. We reverse as to the mother, because we do not believe any of the grounds were proven against her by clear and convincing evidence, as is required by statute. http://www.tba.org/tba_files/TCA/inreddv.wpd
GLORIA SNOW-KOLEDOYE v. HORACE MANN INSURANCE COMPANY Court:TCA Attorneys: Joseph M. Huffaker, Nashville, for Appellant, Horace Mann Insurance Company W. H. (Steve) Stephenson, II, Nashville, For Appellee, Gloria Snow-Koledoye Judge: CRAWFORD First Paragraph: This case involves a settlement of an insurance claim under the comprehensive coverage of an automobile insurance policy. Wife, named insured in the policy, sued the insurance company for breach of contract in delivering to husband a settlement check made jointly payable to wife and her husband, after husband apparently negotiated the check. Wife amended her complaint to name her ex-husband as an additional defendant, and he filed an answer to the complaint. In a nonjury trial, the trial court entered judgment for plaintiff-wife against the insurance company. Insurance company appealed. We vacate. http://www.tba.org/tba_files/TCA/koledoyeglo.wpd
DAE KWAN, HYUK J. KWAN, HYUK W. KWAN, AND KOOK HAN-LEE v. JOHN DOE AND ALLSTATE INSURANCE COMPANY Court:TCA Attorneys: J. Mitchell Grissim, Jr. and Ronald W. McNutt, Nashville, Tennessee, for the appellants, Dae Kwan, Hyuk J. Kwan, Hyuk W. Kwan, and Kook Han-Lee. James C. McBroom and A. Michelle Poss Sesler, Nashville, Tennessee, for the appellees, Allstate Insurance Company and John Doe Judge: LILLARD First Paragraph: This is a lawsuit against an uninsured motorist insurance carrier arising from a cat jumping out of a car. The plaintiffs were injured in a car accident allegedly caused when a cat leapt from a vehicle and into the plaintiffs' lane of traffic. The plaintiffs filed suit against several parties, including the plaintiffs' uninsured motorist carrier. The uninsured motorist carrier moved for summary judgment, asserting that the negligent actions of the unidentified driver did not arise "out of the ownership, maintenance, or use of a motor vehicle." The motion was granted. The plaintiffs then sought to amend their complaint, and this motion was also denied. A trial was then held on the claims against the remaining defendants and the jury apportioned fifty percent of the fault to the unidentified driver. The plaintiffs now appeal the grant of summary judgment to the uninsured motorist carrier and the denial of the plaintiffs' motion to amend their complaint. We affirm. http://www.tba.org/tba_files/TCA/kwand.wpd
STATE OF TENNESSEE v. HAROLD D. ARNOLD Court:TCCA Attorneys: Lloyd R. Tatum, Henderson, Tennessee, for the appellant, Harold D. Arnold. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Jerry Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Harold D. Arnold, pled guilty to driving under the influence of an intoxicant and failure to maintain an accurate log book after the trial court denied his motion to suppress the results of a breath analysis test. The Defendant properly reserved a certified question of law for this Court to determine whether the trial court erred in denying the Defendant's motion to suppress. We reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/arnoldhd.wpd
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